Supreme Court Associate Justice Brett Kavanaugh, here in August, was sworn in again Thursday during a formal investiture ceremony at the court. President Donald Trump was in attendance.(Photo: J. Scott Applewhite, AP)

WASHINGTON – The subject before the Supreme Court last week was an 1855 treaty giving an Indian tribe the right to travel for trade. The question was whether Washington state has a right to tax what tribal members transport.

"To state the obvious, the value, current value of the land the tribe gave up is enormous, right?" Kavanaugh said.

"It's a third of the state of Washington, I believe, your honor," Adam Unikowsky responded.

The brief exchange was emblematic of Kavanaugh's style during his first month on the high court, which followed a contentious confirmation battle that included accusations of decades-old sexual assault. So far, he has emphasized "common sense" over conservatism.

That was evident the next day, when he asked a Justice Department lawyer about a class-action settlement stemming from Google's disclosure of customers' internet searches.

"That seems a harm," Kavanaugh said, "just as a common-sense matter."

This week, he confronted Missouri's state solicitor over the state's plan to execute a medically compromised prisoner by lethal injection, despite potential risks.

"Are you saying even if the method creates gruesome and brutal pain, you can still do it because there's no alternative?" Kavanaugh asked. "Is there any limit on that?"

The newest justice was sworn in again Thursday by Chief Justice John Roberts during a brief, formal investiture ceremony at the court attended by President Donald Trump and Washington's legal cognoscenti. In a break from tradition taken because of security concerns, he did not descend the courthouse steps afterward.

President Donald Trump and Associate Justice Brett Kavanaugh pose in the Justices’ Conference Room before an investiture ceremony at the Supreme Court on Nov. 8, 2018, in Washington, D.C.(Photo: Fred Schilling, Collection of the Supreme Court)

'More Roberts than Gorsuch'

Every new Supreme Court justice takes on the lifetime appointment differently. Associate Justice Clarence Thomas, who survived his confirmation battle in 1991 after similar accusations of sexual harassment, went virtually silent on the bench. Last year, Associate Justice Neil Gorsuch made clear he would be his own man, dissenting on principle early and often.

Kavanaugh, by contrast, has sought to blend in seamlessly. He's been collegial with his colleagues on the left and right. He's been intently focused during oral arguments, like a student who sits in front and raises his hand often.

Perhaps most significantly – from the limited evidence – he has not joined the court's most conservative justices in public dissent on two major issues. Neither has Chief Justice John Roberts.

“The early signs," says Ian Millhiser, senior fellow at the liberal Center for American Progress, "suggest that he is more Roberts than Gorsuch.”

After a confirmation process that lasted from early July to early October, Kavanaugh, 53, had good reason to keep a low profile.

He was the second nominee of a controversial president. He came with a lengthy paper trail – so lengthy that Senate Republicans refused to release it all – that included stints investigating Bill Clinton and serving George W. Bush.

Near the end of the process, he was accused of sexual abuse allegedly committed when he was a high school student in the 1980s. He vehemently denied the accusations at a Senate Judiciary Committee hearing in which he blamed Democrats and liberal interest groups.

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Dr. Christine Blasey Ford speaks during the Senate Judiciary Committee hearing on the nomination of Brett Kavanaugh to be an associate justice of the Supreme Court of the United States, on Capitol Hill in Washington, DC on Sept. 27, 2018. Ford said Kavanaugh sexually assaulted her during a party when they were in high school. Kavanaugh has denied these allegations. Pool photo by Michael Reynolds

Christine Blasey Ford testifies during the Senate Judiciary Committee hearing on the nomination of Brett Kavanaugh to be an associate justice of the Supreme Court of the United States, on Capitol Hill in Washington, DC, Sept. 27, 2018. Pool Photo by Andrew Harnik

Rachel Mitchell, a prosecutor from Arizona, is seen before Christine Blasey Ford, the woman accusing Supreme Court nominee Brett Kavanaugh of sexually assaulting her at a party 36 years ago, testifies during his US Senate Judiciary Committee confirmation hearing on Capitol Hill in Washington, DC. Pool photo by SAUL LOEB

Senator Chuck Grassley checks outs the media area before the Senate Judiciary Committee hearing on the nomination of Brett Kavanaugh to be an associate justice of the Supreme Court of the United States, on Capitol Hill in Washington, DC on Sept. 27, 2018. Pool photo by Michael Reynolds

A view of the Senate Judiciary Committee's room before a hearing for the nomination of Judge Brett Kavanaugh where Dr. Christine Blasey Ford is scheduled to testify. Brendan Smialowski, AFP/Getty Images

People line up outside the Dirksen Senate Office building before the U.S. Senate Judiciary Committee holds a hearing with Judge Brett Kavanaugh and Dr. Christine Blasey Ford on Capitol Hill Sept. 27, 2018 Brendan Smialowski, AFP/Getty Images

A staff member places name plates as the Senate Judiciary Committee's room on Capitol Hill Sept. 26, 2018 in Washington, DC, during preparations one day before the hearing with Blasey Ford and Supreme Court nominee Judge Brett Kavanaugh. Brendan Smialowski, AFP/Getty Images

US Supreme Court nominee Judge Brett Kavanaugh is sworn in before testifying at the Senate Judiciary Committee hearing. University professor Christine Blasey Ford, 51, told a tense Senate Judiciary Committee hearing that could make or break Kavanaugh's nomination she was "100 percent" certain he was the assailant and it was "absolutely not" a case of mistaken identify. TOM WILLIAMS/AFP/Getty Images

Supreme Court nominee Judge Brett Kavanaugh with his wife Ashley attend the Senate Judiciary Committee hearing on his nomination to be an associate justice of the Supreme Court of the United States. Trump's nominee to be a U.S. Supreme Court associate justice Brett Kavanaugh is in a tumultuous confirmation process as multiple women have accused Kavanaugh of sexual misconduct. ERIN SCHAFF / POOL, EPA-EFE

Judge Brett Kavanaugh holds hands with his wife Ashley Kavanaugh as he arrives to testify to the Senate Judiciary Committee during his Supreme Court confirmation hearing in the Dirksen Senate Office Building on Capitol Hill Sept. 27, 2018 in Washington, DC. Kavanaugh was called back to testify about claims by Christine Blasey Ford, who accused him of sexually assaulting her during a party in 1982 when they were high school students in suburban Maryland. Win McNamee, Getty Images

Supreme Court nominee Judge Brett Kavanaugh testifies before testifying to the Senate Judiciary Committee hearing his nomination to be an associate justice of the Supreme Court, on Sept. 27, 2018. President Donald J. Trump's nominee to be an associate justice Brett Kavanaugh is in a tumultuous confirmation process as multiple women have accused Kavanaugh of sexual misconduct. SAUL LOEB / POOL, EPA-EFE

Students at the University of Southern California (USC) watch a live telecast of the testimony from Brett Kavanaugh over sexual assault allegations from Christine Blasey Ford, Sept. 27, 2018, at the Annenberg School for Communications and Journalism in Los Angeles. MIKE NELSON, EPA-EFE

Steven Dupler of New York watches the congressional hearing taking place in Washington DC with Supreme Court nominee Judge Brett Kavanaugh and Christine Blasey Ford, who has accused Kavanaugh of sexual assault, on his phone while standing on the sidewalk in New York. JUSTIN LANE, EPA-EFE

Supreme Court nominee Judge Brett Kavanaugh angrily defends his reputation during the Senate Judiciary Committee hearing on his nomination to be an associate justice of the Supreme Court. MICHAEL REYNOLDS, EPA-EFE

Senator Dianne Feinstein can be seen during a break in the hearing. The Senate Judiciary Committee holds a hearing for Dr. Christine Blasey Ford to testify about sexual assault allegations against Supreme Court nominee Judge Brett M. Kavanaugh on Thursday. Pool, Getty Images

A bank of televisions show Brett Kavanaugh testifying at the Senate Judiciary Committee hearing on the nomination of Brett Kavanaugh to be an associate justice of the Supreme Court of the United States, at a the USC Annenberg School for Communication and Journalism. MIKE NELSON, EPA-EFE

Sen. Patrick Leahy, D-Vt., points to posters as he questions Judge Brett Kavanaugh during the Senate Judiciary Committee hearing on his nomination be an associate justice of the Supreme Court. Pool, Getty Images

A student watches as Brett Kavanaugh is questioned by US Senator Dianne Feinstein at the Senate Judiciary Committee hearing on the nomination of Brett Kavanaugh to be an associate justice of the Supreme Court. MIKE NELSON, EPA-EFE

Kavanaugh's 50-48 confirmation Oct. 6 was the narrowest margin in 137 years. Three days later, he was on the bench, hearing two criminal law cases. He was well-versed in the material, referring to "page 139 of the Curtis Johnson opinion."

That he chose neither to fire back at his critics from the bench nor appear overly contrite is evidence that Kavanaugh intends to be what he promised at his ceremonial White House swearing-in last month: "a team player on the team of nine."

"The Supreme Court is an institution of law. It is not a partisan or political institution. The justices do not sit on opposite sides of an aisle. We do not caucus in separate rooms," he said – words later quoted by Roberts in hopes of allaying Americans' concerns.

Adam Feldman, who follows the Supreme Court closely as curator of the Supreme Court blog Empirical SCOTUS, said Kavanaugh appears to have chosen an "ostrich approach to begin with."

Brett Kavanaugh, speaks as he officiates at the swearing-in of Judge Britt Grant to take a seat on the U.S. Court of Appeals for the Eleventh Circuit on Aug. 7, 2018, at the U.S. District Courthouse in Washington. J. SCOTT APPLEWHITE, AP

Brett Kavanaugh, departs after meeting with Sen. Chris Coons, D-Del., a member of the Senate Judiciary Committee which will oversee his confirmation, on Capitol Hill in Washington on Aug. 23, 2018. J. SCOTT APPLEWHITE, AP

Sen. Deb Fischer (R-NE) greets Judge Brett Kavanaugh as he arrives at her office prior to a meeting in the Russell Senate Office Building on July 12, 2018 in Washington, DC. Kavanaugh is meeting with members of the Senate after U.S. President Donald Trump nominated him to succeed retiring Supreme Court Associate Justice Anthony Kennedy. Alex Edelman, Getty Images

Senate Judiciary Committee Chairman Charles Grassley (R-IA) (L) and Judge Brett Kavanaugh arrive to talk with members of the news media after a meeting at the U.S. Capitol July 10, 2018 in Washington, DC. Chip Somodevilla, Getty Images

Brett Kavanaugh, a judge with the U.S. Court of Appeals for the D.C. Circuit, delivers the Commencement address for the Catholic University of America's Columbus School of Law on May 25, 2018 at the Basilica of the National Shrine of the Immaculate Conception in Washington, DC. Dana Bowler, The Catholic University of America

President George W. Bush, watches the swearing-in of Brett Kavanaugh as Judge for the U.S. Court of Appeals for the District of Columbia by U.S. Supreme Court Associate Justice Anthony M. Kennedy, during a ceremony in the Rose Garden of the White House, in Washington on June 1, 2006. Holding the Bible is Kavanaugh's wife Ashley Kavanaugh. PABLO MARTINEZ MONSIVAIS, AP

'Why complicate the law?'

High court justices can be judged by the opinions they write, the votes they take and the comments they make during oral arguments. This term, the court has issued only one opinion, and the vote was 8-0. Kavanaugh wasn't on the court to hear the case.

“The written opinions of any justice are the most important part of what they do at the Supreme Court, and we have yet to see any opinions by Justice Kavanaugh,” noted Elizabeth Slattery, a legal fellow at the conservative Heritage Foundation. “It is a bit soon to tell how he’s going to vote.”

The court has been asked several times by the Justice Department to block lower court trials on two hot-button topics: administration efforts to ask about citizenship on the 2020 Census, and a lawsuit aimed at forcing a change in federal policies on climate change.

In each case, the court refused the request, and several conservative justices dissented, including Thomas and Gorsuch. Kavanaugh pointedly did not announce a dissent, which either means he agreed with the court's action or did not want his opposition known.

The former federal appeals court judge did not align with liberal Justices Sonia Sotomayor and Stephen Breyer last month when they objected to a scheduled execution in Tennessee. The prisoner, Edmund Zagorski, eventually was electrocuted.

The absence of votes pro or con leaves high court observers with just 15 oral arguments to scour for evidence of Kavanaugh's intellectual curiosity and ideological inclinations. They show him to be a student of the Constitution, Congress and Supreme Court precedent – and also someone seeking practical solutions.

Faced with an Idaho man's effort to appeal his convictions on assault and drug charges despite having waived that right in a plea agreement, Kavanaugh said appeals courts such as the one he served on for 12 years can handle such disputes.

"I'm not sure there's any evidence of a problem," he said. "And if there's not evidence of a problem, why complicate the law?"

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Newly confirmed Supreme Court Justice Brett Kavanaugh is sworn-in by retired Supreme Court Justice Anthony Kennedy during the ceremonial swearing-in held in the East Room of the White House in Washington. JACK GRUBER, USA TODAY